4.7. SR 07-18-2016
Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent July 18, 2016Zack Carlton, Planning Manager
Item Description Reviewed by
Washington Street Investors – West Oaks Cal Portner, City Administrator
Final Plat for West Oaks Ninth Addition
Reviewed by
Action Requested
Adopt, by resolution, the Final Plat for West Oaks Ninth Addition, with the following conditions:
1.All necessary permits must be acquired before any work in the right-of-way begins.
2.Building permits for homes in this addition will not be released until the unused public utilities
identified on the attached development plans are abandoned.
3.Costs associated with relocation of utilities shall be paid for by the developer.
4.The 25-foot wetland buffer shall be signed in accordance with city ordinances.
5.Prepare a Homeowners Association Agreement per Section 30-944 for review and approval by
the city attorney.
6.Any item or condition found that indicates the site is likely to yield information important to
pre-history or history shall be reported to the city immediately. Further, the city reserves the
right to stop work authorized in its approval until the site is appropriately investigated and work
is authorized.
Background/Discussion
Case No. P 16-12
The applicant is requesting Final Plat approval for 19 new single-family lots in West Oaks, to be known
as West Oaks Ninth Addition. This is the final addition of the West Oaks subdivision.
The preliminary plat was approved in February of 2015 and included 44 total lots. The current proposal
plats 19 single-family detached townhome lots and two common lots. Of the newly platted parcels, 16
will be accessed off of a private street and three will be accessed from Yankton Street NW. Park
Dedication was satisfied with a mix of cash and land as part of the West Oaks subdivision approved in
2003. The land dedicated is known as West Oaks Park.
Financial Impact
None
Attachments
Location Map
Final Plat of West Oaks Ninth Addition
Development Plans dated June 21, 2016
Resolution
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Resolution 16-____
A Resolution of the City of Elk River Granting Final Plat Approval for
West Oaks Ninth Addition
Case No. P 16-12
WHEREAS,
application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as “the Property”; and
WHEREAS,
a preliminary plat of the Property was approved by the City Council on
February 17, 2015; and
WHEREAS,
the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS,
the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with Chapter of 30 of the City Code
of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City’s Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
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Passed and adopted this 18 day of July, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Lots 17 thru 28 inclusive, Block 1, WEST OAKS THIRD ADDITION, Sherburne County,
Minnesota, according to the recorded plat thereof.
Lots 1 thru 16 inclusive, Block 1, WEST OAKS THIRD ADDITION, Sherburne County,
Minnesota, according to the recorded plat thereof.
And
That part of Lot 41, said Block 1, WEST OAKS THIRD ADDITION, according to the
recorded plat thereof, Sherburne County, Minnesota, lying north of the South 279.40 feet of
said Lot 41, as measured at right angles to the southerly line of said Lot 41.
EXHIBIT B
CONDITIONS OF APPROVAL
1.All necessary permits must be acquired before any work in the right-of-way begins.
2.Building permits for homes in this addition will not be released until the unused public
utilities identified on the attached development plans are abandoned.
3.Costs associated with relocation of utilities shall be paid for by the developer.
4.The 25 foot wetland buffer shall be signed in accordance with city ordinances.
5.Prepare a homeowners association agreement per Section 30-944 for review and
approval by the City Attorney.
6.Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately. Further, the
city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized.